DIFFERENCE TYPES OF EVIDENCES*

*DIFFERENCE TYPES OF EVIDENCES*
There are different types of evidences under the Indian Evidence Act, 1872. These are mentioned below-
1) Oral Evidence
2) Documentary Evidence
3) Primary Evidence
4) Secondary Evidence
5) Real Evidence
6) Hearsay Evidence
7) Judicial Evidence
8) Non- Judicial Evidence
9) Direct Evidence
10) Indirect Evidence or Circumstantial Evidence

*These are elaborated below-Quashing of FIR guidelines*

*1) Oral Evidence*–  Section 60 of the Indian Evidence Act explains Oral Evidence. Oral Evidences are those evidences which are personally seen or heard by the witness giving them and not heard or told by some one else. All the statements which are permitted by the court or the court expects the witness to make such statements in his presence regarding the truth of the facts, are called as Oral Evidences.
Oral evidences must always be direct. An Evidence is direct when it establishes the main fact in issue.

*2) Documentary Evidences* –  are defined under section 3 of the Act. All those documents which are presented in the court for inspection regarding a case, such documents are known as documentary evidences.

*3) Primary Evidence*– Section 62 of the Indian Evidence Act defines Primary Evidence. Primary evidences are the most superior class of evidences. These are those evidences which are expected by the law and admissible and permissible at the first place. These are those evidences which in any possible condition gives the vital hint in a disputed fact and establishes through documentary evidence on the production of an original document by the court.

*4) Secondary Evidences* – are defined under section 63 of the Act. These are those evidences which are entertained by the court in the absence of the Primary evidences. Therefore it is known as secondary evidences.

*5) Real Evidences* – Real evidences are those evidences which are real or material evidences.  Real evidence or proof of a fact is brought to the knowledge of the court by an inspection of a physical object rather than by deriving an information by a witness or a document.

*6) Hearsay Evidences* –  Hearsay evidences are the ones which the witness has neither personally seen nor heard, nor has he percieved through his senses, but are those which have come to his knowledge through some other person. These are the most weak category of evidences.

*7) Judicial Evidence* – Judicial evidences are those which are given before the magistrate in the court. For example-  a confession made by the accused before the magistrate in the court is an Judicial Evidence.

*8) Non- Judicial Evidence* –  Any confession made by the accused outside the court and not in front of the magistrate but in the presence of some other person are termed as Non- Judicial evidences.

*9) Direct Evidence* –  Direct evidences are those evidences which establishes a fact. The best example of a direct evidence would be statement or confessions made by the witnesses.

*10) Indirect or Circumstantial Evidence* –  Circumstantial or indirect evidence are the ones which attempts to prove the facts in dispute by providing other facts. Circumstantial evidences are not definite proof. they only provide a general idea as to what occured at the  crime scene.

Email id can be used fie summons in,138 NI ,mumbai

In A First An Indian Court Upholds The ‘Right To Be Forgotten’

In A First An Indian Court Upholds The ‘Right To Be Forgotten’ [Read Order]

Read more at: http://www.livelaw.in/first-indian-court-upholds-right-forgotten-read-order/

Conciliation Procedings  1What is conciliation?

Conciliation Procedings

1What is conciliation?

Ans.

Participation by a third party in a industrial dispute between management and its employees in order to bring them together to resolve their differences is termed mediation or conciliation.

 

2Which are the authorities competent for holding conciliation?

Ans.

Section 4 of Industrial Disputes Act 1947 empowers the appropriate government to appoint such number of persons as may be deemed necessary by notification in the official gazette as conciliation officers, for discharging the responsibility of mediating in and promoting the settlement of industrial disputes. All Labour officers, Asst. Labour Commissioner including Dy. Labour Commissioner, Labour appointed conciliation officers. Government of N.C.T. of Delhi for administrative and public convenience has divided entire territory into 9 districts i.e. East, North-East, South-West, West, South, North, North-West, Central & New Delhi.

 

3.What are the functions of conciliation officers?

Ans.

Section 12 of I.D. Act 1947 provides duties of conciliation officers. A conciliation officer is required to investigate without delay the industrial disputes and make efforts to settlement thereof and for the purpose of bringing about a settlement of the dispute he may do all such things as he deems fit for the purpose of bringing parties to come to a fair and amicable settlement of the disputes.

 

4.Can conciliation officer bind the parties?

Ans.

No. A conciliation officer has no authority or power to force the parties to agree to his suggestions. He merely offers his services through his good offices to find an amicable solution and will meet the needs of the two parties. He may suggest answer to the problem.

 

5.Whether conciliation is mandatory or discretionary?

Ans.

In case of public utility services where a notice under section 22 of the I D Act, 1947 has been received, the conciliation officer must necessarily hold immediate conciliation proceedings for prompt settlement of the disputes. He has discretion in respect of non public utility services.

6.When CO should intervene in industrial disputes?

Ans.

Intervention must not be either premature or too late. Time for intervention may be chosen by the conciliation officer with due care.

 

7.When is conciliation proceeding commenced?

Ans.

Conciliation proceedings in public utility services are deemed to have commenced on the date when the conciliation officer receives the notice of strike or lock-out u/s 122 of I.D. Act 1947 and in such cases he has to act with great speed in order to complete the proceedings within 14 days time. In case of non public utility services, the conciliation officer has to give formal intimation in writing to the parties declaring his intention to commence conciliation proceedings with effect from such date as he may specify.

 

8.When are conciliation proceedings deemed to have concluded?

Ans.

The conciliation proceedings are concluded in the following manner.

1.

Where conciliation ended in settlement - the date on which settlement is signed by the parties to the disputes or

2.

Where conciliation ended in failure, the date on which the failure report of conciliation officer is received by the appropriate Govt.

3.

When a reference is made to a Labour Court / Industrial Tribunal during the pendancy of conciliation proceedings.

 

9.Whether parties are required to be informed about the failure of conciliation?

Ans.

Yes, copies of failure report under Section 12 (A) of I.D. Act 1947 are required to be sent to the parties to the dispute.

 

10.Whether conciliation officer can arrive at ex-parte conclusion of proceedings?

Ans.

Yes, If the party raising the dispute fails to turn-up without reasonable cause, the case may be closed under intimation to it. If the opposite party fails to turn-up, inspite of having been given reasonable no. of opportunities, an adverse inference may be drawn and the case be proceeded with on ex-parte basis.

DSF street illumination

Dinosaur Bones

Chinese villagers eat dinosaur bones.Dinosaur bones are boiled them in soup or ground them into powder for traditional medicine.The calcium-rich bones were sometimes boiled with other ingredients and fed to children as a treatment for dizziness and leg cramps. Other times they were ground up and made into a paste that was applied directly to fractures and other injuries

Incredible Dubai: 07-07-07 - new seven wonders#links

Incredible Dubai: 07-07-07 - new seven wonders#links